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Sponsors
Senator · Senate District 62
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 47–11
- Ordered to third reading cal.852
- Committee discharged and committed to rules
- Referred to codes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to criminal sale and possession of substances containing heroin
Purpose or general idea of bill
To create appropriate level penalties as it relates to heroin sales taking into account the lighter weight of heroin.
Summary of specific provisions
Section 1 amends section 220.16 of the penal law - Criminal Possession of a controlled substance in the third degree a Class B Felony when one or more preparations, compounds, mixtures or substances containing heroin and its aggregate weight is 1.5 grams or more or the substances are packaged in fifty or more packets/containers/decks.
Section 2 amends section 220.18 of the penal law - criminal possession of a controlled substance in the second degree a class A-II felony when one or more preparations, compounds, mixtures or substances containing heroin and its aggregate weight is 12 grams or more or the substances are packaged in four hundred or more packets/containers/decks.
Section 3 of the bill amends section 220.21 of the penal law - Criminal Possession in the first degree a Class A-I felony when one or more preparations, compounds, mixtures or substances containing heroin and its aggregate weight is 24 grams or more or the substances are packaged in eight hundred or more packets/containers/decks.
Section 4 of the bill amends section 220.41 of the penal law - Criminal sale of a controlled substance in the second degree a class A-II felony when one or more preparations, compounds, mixtures or substances containing heroin and its aggregate weight is 1.5 grams or more or the substances are packaged in fifty or more packets/containers/decks.
Section 5 of the bill amends section 220.43 of the penal law - criminal sale of a controlled substance in the first degree an A-I Felony when one or more preparations, compounds, mixtures or substances containing heroin and its aggregate weight is 6 grams or more or the substances are packaged in 200 or more packets/containers/decks.
Section 6 is the effective date.
Justification
As we fight the heroin epidemic we need to review and update our laws to ensure they adequately reflect the nature of heroin. One of the differences between heroin and other drugs is the light weight and potency of heroin. Heroin weights less than other drugs and therefore more doses of heroin is needed to trigger various criminal offenses. This legislation seeks to address this issue of weight by creating appropriate levels of weight to trigger various sections of the Penal Law.
Prior legislative history
New Bill.
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date it will have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.